In Brief
A deceased property owner's wife sought specific performance of a reconveyance agreement for a property sold as security for a loan. The High Court allowed the plaintiff's appeal, but the Supreme Court reversed, holding that the sale deed was an absolute, not nominal, sale. Crucially, the plaintiff failed to prove he was ready and willing to pay the agreed consideration, as required by Section 16(c) of the Specific Relief Act—he had no income, prior debt, applied for debt relief, and relied on mere assertions. The Court confirmed that continuous readiness and willingness cannot be proved by pleading alone; conduct and financial capacity must be demonstrated throughout.
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